Check Investors Case Study

In the particular case, there is one side that will have the court predominantly in their favor. In the case of Check Investors being the defendant and the Federal Trade Commission representing the debtors being the plaintiff. There are many violations that the FTC can bring against Check Investors. The most apparent one is Intentional Infliction of Emotional Distress due to the comments and threats that they made to those that they were attempting to collect from. A particular scenario follows: The defendant's agent refused to provide a copy of the check and became "very angry, belligerent. " The agent added that if the plaintiff did not repay the amount within the hour, she would serve six months in jail…….The plaintiff, the mother of …show more content…
However, Check Investors could argue that they did not violate this because they only provided information to those that already had knowledge on the issue and the plaintiff’s family members. The severest accusation that could be brought upon Check Investors is for slurs and insults, under Libel and Slander. Check Investors called the plaintiffs ‘deadbeats,’ ‘retards,’ ‘thieves,’ and ‘idiots.’” (F.T.C. v. Check Inv'rs, Inc., 502 F.3d 159, 163 (3d Cir. 2007.) because they had not paid their debts. Check Investors has the defense of variance and mitigating of circumstances because they could say that the insults were the result of a heated conversation and not ones that were meant to harm. Additionally, they could argue that the plaintiffs have no proof as to what was actually said. In the eyes of the plaintiff, deception occurred when the defendants mailed a letter, where the agent posed as an attorney bringing suit against a potential debtor; which also created a justifiable reliance for the plaintiff to believe that they were being sued (F.T.C. v. Check Inv'rs, Inc., 502 F.3d 159, 163 (3d Cir. 2007). This accusation could be counter argued by Check Investors saying that the complaints were not filed within six